I 

115TH CONGRESS 

2D SESSION H. R. 6080 

To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, the Labor-Management Reporting and Disclosure Act, 

1959, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2018 

Mr. SCOTT of Virginia (for himself, Mr. SABLAN, Mr. TAKANO, Mr. 

ESPAILLAT, Ms. BONAMICI, Ms. WILSON of Florida, Mr. POCAN, Ms. 

DELAURO, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. GARAMENDI, 

Mr. DESAULNIER, Ms. JUDY CHU of California, Ms. SCHAKOWSKY, Ms. 

NORTON, Mr. CICILLINE, Mr. KHANNA, Mr. BRADY of Pennsylvania, Mr. 

NORCROSS, Ms. ROYBAL-ALLARD, Mr. CUMMINGS, Mrs. WATSON COLEMAN, Mrs. DAVIS of California, Mrs. NAPOLITANO, Mr. NADLER, Mr. 

PALLONE, Ms. SA ́NCHEZ, Ms. SHEA-PORTER, Mr. MICHAEL F. DOYLE

of Pennsylvania, Mr. LOWENTHAL, Ms. HANABUSA, Mr. ELLISON, Mr. 

AL GREEN of Texas, Mrs. DINGELL, Mr. LAMB, and Mr. COURTNEY) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Oversight 

and Government Reform, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the National Labor Relations Act, the Labor 

Management Relations Act, 1947, the Labor-Management Reporting and Disclosure Act, 1959, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Workers’ Freedom to 

3 Negotiate Act of 2018’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The National Labor Relations Act (29 

7 U.S.C. 151 et seq.) was enacted to encourage the 

8 practice of collective bargaining and to protect the 

9 exercise by workers of full freedom of association in 

10 the workplace. Since its enactment in 1935, tens of 

11 millions of workers have bargained with their em12 ployers over wages, benefits, and other terms and 

13 conditions of employment and have raised the stand14 ard of living for all workers. 

15 (2) According to the Bureau of Labor Statis16 tics, union members earn 25.6 percent more than 

17 workers who are not covered by a collective bar18 gaining agreement. Workers who are represented by 

19 a union are 28 percent more likely to be offered 

20 health insurance through work and nearly 5 times 

21 more likely to have defined benefit pensions. The 

22 wage differential is significant for women and people 

23 of color. African-American union members earn 25 

24 percent more than African-American workers who 

25 are not covered by a collective bargaining agreement, 

26 and Latino union members earn 42.6 percent more 


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1 than Latino workers who are not covered by a collec2 tive bargaining agreement. Women union members 

3 earn 30 percent more than women who are not cov4 ered by a collective bargaining agreement, and the 

5 wage gap between men and women is much smaller 

6 at workplaces covered by a collective bargaining 

7 agreement because collective bargaining agreements 

8 ensure the same rate is paid to workers for a par9 ticular job without regard to gender. The wage and 

10 benefit gains achieved through collective bargaining 

11 agreements benefit both workers and their commu12 nities. 

13 (3) Unions and collective bargaining ensure 

14 that productivity gains are shared by working peo15 ple. The decline in the percentage of workers covered 

16 by collective bargaining has contributed to sky17 rocketing income inequality and wage stagnation for 

18 the average worker. 

19 (4) The National Labor Relations Act protects 

20 the right of workers to join together with their co21 workers in concerted activities for their mutual aid 

22 or protection. This protection applies broadly to all 

23 concerted activities by workers aimed at improving 

24 the terms and conditions of their employment or aid25 ing each other in any way, regardless of whether 


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1 workers are seeking to form a union or engage in 

2 collective bargaining with their employer. 

3 (5) The Act protects the right of workers to 

4 discuss issues like pay and benefits without retalia5 tion or interference by employers. However, the 

6 awareness of workers regarding their rights under 

7 the Act is lacking, due in part to the absence of any 

8 legally required notice informing employees of the 

9 rights and responsibilities under the Act. Many em10 ployers maintain policies that restrict the ability of 

11 workers to discuss workplace issues with each other, 

12 directly contravening these rights. Research shows 

13 that more than one-half of workers report that their 

14 employers have policies that prohibit or discourage 

15 workers from discussing pay with their coworkers. 

16 These policies and practices impede workers from 

17 exercising their rights under the Act and impair 

18 their freedom of association at work. 

19 (6) Retaliation by employers against workers 

20 who exercise their rights under the National Labor 

21 Relations Act persists at troubling levels. Employers 

22 routinely fire workers for trying to form a union at 

23 their workplace. In one out of 3 organizing cam24 paigns, one or more workers are discharged for sup25 porting or joining a union. 


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1 (7) The current remedies are inadequate to 

2 deter employers from violating the National Labor 

3 Relations Act. The remedies and penalties for viola4 tions of the Act are far weaker than for other labor 

5 and employment laws. Unlike other major labor and 

6 employment laws, there are no civil penalties for vio7 lations of the National Labor Relations Act. Work8 ers cannot go to court to pursue relief on their own 

9 and must rely on the National Labor Relations 

10 Board to prosecute their case. Should the Board de11 cline to prosecute for any reason, aggrieved workers 

12 have no other remedy. 

13 (8) Unlike orders of other Federal agencies, the 

14 orders of the National Labor Relations Board are 

15 not enforced until the Board seeks enforcement from 

16 the Court of Appeals. As far back as 1969, the Ad17 ministrative Conference of the United States recog18 nized that the absence of a self-enforcing agency 

19 order imposes wasteful delays in the enforcement of 

20 the National Labor Relations Act, and recommended 

21 that the Board’s orders be made self-enforcing like 

22 those of other agencies. Congress did not act upon 

23 this recommendation, and delays in the Board’s en24 forcement remain a problem undermining the effec25 tiveness of the Act. 


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1 (9) Many workers do not currently enjoy the 

2 protections of the National Labor Relations Act be3 cause they are excluded from coverage under the Act 

4 or interpretations of the Act. 

5 (10) Too often, workers who choose to form 

6 unions are frustrated when their employers use delay 

7 and other tactics to avoid reaching an initial collec8 tive bargaining agreement. Estimates are that in as 

9 many as half of new organizing campaigns, workers 

10 and their employers fail to reach an initial collective 

11 bargaining agreement. 

12 (11) While the National Labor Relations Act 

13 guarantees workers the right to strike, courts have 

14 permitted employers to ‘‘permanently replace’’ work15 ers who exercise their right to strike. This is con16 trary to Congress’s intent in enacting the National 

17 Labor Relations Act and has led to confusion 

18 amongst workers regarding to their right to strike. 

19 (12) Hearings under section 9 of the National 

20 Labor Relations Act (29 U.S.C. 159) exist to assure 

21 to employees the fullest freedom in exercising the 

22 rights guaranteed by the Act. However, some em23 ployers have abused the representation process of 

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1 ers from freely choosing their own representatives 

2 and exercising their rights under the Act. 

3 (13) So-called ‘‘right-to-work’’ laws do not give 

4 any employee the right to a job. While Federal law 

5 requires unions to fairly represent all members of a 

6 given bargaining unit, and thereby expend resources 

7 on all unit members, many States’ so-called ‘‘right8 to-work’’ laws prohibit unions from charging all 

9 members for the representation and services that the 

10 unions are legally obliged to render. Section 14(b) of 

11 the National Labor Relations Act (29 U.S.C. 

12 164(b)) must be reformed to permit unions and em13 ployers to mutually agree that payment of fair share 

14 fees shall be a condition of employment following ini15 tial hiring. 

16 (14) Restrictions on so-called ‘‘secondary boy17 cotts’’ and ‘‘recognitional picketing’’ unduly impede 

18 workers’ ability to engage in peaceful conduct and 

19 expression. Workers must be free to act in solidarity 

20 with workers in other workplaces in order to improve 

21 labor standards and achieve other lawful ends for 

22 mutual aid or protection. 

23 (15) In order to make the right to collective 

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1 place a reality for workers, the National Labor Rela2 tions Act must be strengthened. 

3 SEC. 3. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to strengthen protections for employees en6 gaged in collective bargaining to improve their 

7 wages, hours, and terms and conditions of employ8 ment; 

9 (2) to expand coverage under the National 

10 Labor Relations Act (29 U.S.C. 151 et seq.) to more 

11 employees; 

12 (3) to provide a process by which workers and 

13 employers can successfully negotiate an initial collec14 tive bargaining agreement; 

15 (4) to provide a stronger deterrent and fairer 

16 remedies for workers who face retaliation, discrimi17 nation, or other interference with their legal rights 

18 to act concertedly, join a union, or engage in collec19 tive bargaining; 

20 (5) to broadly protect employees’ right to en21 gage in concerted activities for mutual aid or protec22 tion; 

23 (6) to streamline the enforcement procedures of 

24 the National Labor Relations Board to provide for 

25 more timely and effective enforcement of the law; 


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1 (7) to safeguard the right to strike by prohib2 iting ‘‘permanent replacement’’ of striking workers; 

3 (8) to repeal specific prohibitions on collective 

4 action and peaceful expression; 

5 (9) to permit fair share fee arrangements in 

6 order to promote workers’ freedom of association 

7 and encourage the practice of collective bargaining; 

8 (10) to improve the purchasing power of wage 

9 earners in industry; 

10 (11) to promote the stabilization of fair wage 

11 rates and humane working conditions within and be12 tween industries; and 

13 (12) to redress the inequality of bargaining 

14 power between employees and employers. 

15 TITLE I—AMENDMENTS TO 

16 LABOR LAWS 

17 SEC. 101. AMENDMENTS TO THE NATIONAL LABOR RELA18 TIONS ACT. 

19 (a) DEFINITIONS OF EMPLOYEE AND SUPERVISOR.— 

20 (1) Section 2(3) of the National Labor Rela21 tions Act (29 U.S.C. 152) is amended by inserting 

22 at the end the following: ‘‘An individual performing 

23 any service shall be considered an employee (except 

24 as provided in the previous sentence) and not an 


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1 independent contractor for purposes of this Act, un2 less— 

3 ‘‘(A) the individual is free from control and 

4 direction in connection with the performance of 

5 the service, both under the contract for the per6 formance of service and in fact; 

7 ‘‘(B) the service is performed outside the 

8 usual course of the business of the employer; 

9 and 

10 ‘‘(C) the individual is customarily engaged 

11 in an independently established trade, occupa12 tion, profession, or business of the same nature 

13 as that involved in the service performed.’’. 

14 (2) Section 2(11) of the National Labor Rela15 tions Act (29 U.S.C. 152(11)) is amended— 

16 (A) by inserting ‘‘and for a majority of the 

17 individual’s worktime’’ after ‘‘interest of the 

18 employer’’; 

19 (B) by striking ‘‘assign,’’; and 

20 (C) by striking ‘‘or responsibly to direct 

21 them,’’. 

22 (b) APPOINTMENT.—Section 4(a) of the National 

23 Labor Relations Act (29 U.S.C. 154(a)) is amended by 

24 striking ‘‘, or for economic analysis’’. 


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1 (c) UNFAIR LABOR PRACTICES.—Section 8 of the 

2 National Labor Relations Act (29 U.S.C. 158) is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in paragraph (5), by striking the pe6 riod and inserting ‘‘; and’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(6) to promise, threaten, or take any action— 

9 ‘‘(A) to permanently replace an employee 

10 who participates in a strike as defined by sec11 tion 501(2) of the Labor Management Rela12 tions Act, 1947 (29 U.S.C. 142(2)); or 

13 ‘‘(B) to discriminate against an employee 

14 who is working or has unconditionally offered to 

15 return to work for the employer because the 

16 employee supported or participated in such a 

17 strike.’’; 

18 (2) in subsection (b)— 

19 (A) by striking paragraphs (4) and (7); 

20 (B) by redesignating paragraphs (5) and 

21 (6) as paragraphs (4) and (5), respectively; 

22 (C) in paragraph (4), as so redesignated, 

23 by adding ‘‘and’’ at the end; and 

24 (D) in paragraph (5), as so redesignated, 

25 by striking ‘‘; and’’ and inserting a period; 


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1 (3) in subsection (c), by striking the period at 

2 the end and inserting the following: ‘‘: Provided, 

3 That it shall be an unfair labor practice under sub4 section (a)(1) for any employer to require or coerce 

5 an employee to attend or participate in campaign ac6 tivities unrelated to the employee’s job duties, in7 cluding activities that are subject to the require8 ments under section 203(b) of the Labor-Manage9 ment Reporting and Disclosure Act, 1959 (29 

10 U.S.C. 433(b)).’’; 

11 (4) by amending subsection (e) to read as fol12 lows: 

13 ‘‘(e) Notwithstanding chapter 1 of title 9, United 

14 States Code (commonly known as the ‘Federal Arbitration 

15 Act’), or any other provision of law, it shall be an unfair 

16 labor practice under subsection (a)(1) for any employer 

17 to enter into any contract or agreement, express or im18 plied, whereby an employee of the employer undertakes or 

19 promises not to pursue, bring, join, litigate, or support any 

20 kind of collective legal claim arising from or relating to 

21 the employment of such employee in any forum that, but 

22 for such contract or agreement, is of competent jurisdic23 tion. The provisions of this subsection shall not apply with 

24 respect to employees who are represented by a labor orga25 nization and covered by a collective-bargaining agreement 


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1 in effect with the employer. Any contract or agreement 

2 entered into heretofore or hereafter containing an agree3 ment prohibited by this subsection shall be to such extent 

4 unenforceable and void.’’; and 

5 (5) by adding at the end the following: 

6 ‘‘(h)(1) The Board shall promulgate regulations re7 quiring each employer to post and maintain, in con8 spicuous places where notices to employees and applicants 

9 for employment are customarily posted both physically and 

10 electronically, a notice setting forth the rights and protec11 tions afforded employees under this Act. The Board shall 

12 make available the form and text of such notice. The 

13 Board shall promulgate regulations requiring employers to 

14 notify each new employee of the information contained in 

15 the notice described in the preceding two sentences. 

16 ‘‘(2) Whenever the Board directs an election under 

17 section 9(c) or approves an election agreement, the em18 ployer of employees in the bargaining unit shall, not later 

19 than 2 business days after the Board directs such election 

20 or approves such election agreement, provide a voter list 

21 to a labor organization that has petitioned to represent 

22 such employees. Such voter list shall include the names 

23 of all employees in the bargaining unit and such employ24 ees’ home addresses, work locations, shifts, job classifica25 tions, and, if available to the employer, personal landline 


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1 and mobile phone numbers, and work and personal email 

2 addresses. Not later than 9 months after the date of en3 actment of the Workers’ Freedom to Negotiate Act of 

4 2018, the Board shall promulgate regulations imple5 menting the requirements of this paragraph. 

6 ‘‘(i) Whenever collective bargaining is for the purpose 

7 of establishing an initial agreement following certification 

8 or recognition, the provisions of subsection (d) shall be 

9 modified as follows: 

10 ‘‘(1) Not later than 10 days after receiving a 

11 written request for collective bargaining from an in12 dividual or labor organization that has been newly 

13 organized or certified as a representative as defined 

14 in section 9(a), or within such further period as the 

15 parties agree upon, the parties shall meet and com16 mence to bargain collectively and shall make every 

17 reasonable effort to conclude and sign a collective 

18 bargaining agreement. 

19 ‘‘(2) If after the expiration of the 90-day period 

20 beginning on the date on which bargaining is com21 menced, or such additional period as the parties may 

22 agree upon, the parties have failed to reach an 

23 agreement, either party may notify the Federal Me24 diation and Conciliation Service of the existence of 

25 a dispute and request mediation. Whenever such a 


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1 request is received, it shall be the duty of the Service 

2 promptly to put itself in communication with the 

3 parties and to use its best efforts, by mediation and 

4 conciliation, to bring them to agreement. 

5 ‘‘(3) If after the expiration of the 30-day period 

6 beginning on the date on which the request for me7 diation is made under paragraph (2), or such addi8 tional period as the parties may agree upon, the 

9 Service is not able to bring the parties to agreement 

10 by conciliation, the Service shall refer the dispute to 

11 a tripartite arbitration panel established in accord12 ance with such regulations as may be prescribed by 

13 the Service, with one member selected by the labor 

14 organization, one member selected by the employer, 

15 and one neutral member mutually agreed to by the 

16 parties. A majority of the tripartite arbitration panel 

17 shall render a decision settling the dispute and such 

18 decision shall be binding upon the parties for a pe19 riod of 2 years, unless amended during such period 

20 by written consent of the parties. Such decision shall 

21 be based on the following considerations: 

22 ‘‘(A) the employer’s financial status and 

23 prospects; 

24 ‘‘(B) the size and type of the employer’s 

25 operations and business; 


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1 ‘‘(C) the employees’ cost of living; 

2 ‘‘(D) the employees’ ability to sustain 

3 themselves, their families, and their dependents 

4 on the wages and benefits they earn from the 

5 employer; and 

6 ‘‘(E) the wages and benefits other employ7 ers in the same business provide their employ8 ees.’’. 

9 (d) REPRESENTATIVES AND ELECTIONS.—Section 9 

10 of the National Labor Relations Act (29 U.S.C. 159) is 

11 amended— 

12 (1) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘as may be’’ and all 

15 that follows through ‘‘by an employee’’ and 

16 inserting ‘‘as may be prescribed by the 

17 Board, by an employee’’; 

18 (ii) by striking ‘‘; or’’ and all that fol19 lows through ‘‘the Board shall investigate’’ 

20 and inserting ‘‘, the Board shall inves21 tigate’’; and 

22 (iii) by adding at the end the fol23 lowing: ‘‘No employer shall have standing 

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1 resentation proceeding under this sec2 tion.’’; 

3 (B) in paragraph (3), by striking ‘‘an eco4 nomic strike who are not entitled to reinstate5 ment’’ and inserting ‘‘a strike’’; 

6 (C) by redesignating paragraphs (4) and 

7 (5) as paragraphs (6) and (7), respectively; 

8 (D) by inserting after paragraph (3) the 

9 following: 

10 ‘‘(4) If the Board finds that, in an election 

11 under paragraph (1), a majority of the valid votes 

12 cast in a unit appropriate for purposes of collective 

13 bargaining have been cast in favor of representation 

14 by the labor organization, the Board shall certify the 

15 labor organization as the representative of the em16 ployees in such unit and shall issue an order requir17 ing the employer to collectively bargain with the 

18 labor organization in accordance with section 8(d). 

19 This order shall be deemed an order under section 

20 10(c) of the Act, without need for a determination 

21 of an unfair labor practice. 

22 ‘‘(5)(A) If the Board finds that, in an election 

23 under paragraph (1), a majority of the valid votes 

24 cast in a unit appropriate for purposes of collective 

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1 tion by the labor organization, the Board shall dis2 miss the petition, subject to subparagraphs (B) and 

3 (C). 

4 ‘‘(B) In any case in which a majority of the 

5 valid votes cast in a unit appropriate for purposes 

6 of collective bargaining have not been cast in favor 

7 of representation by the labor organization and the 

8 Board determines that the election should be set 

9 aside because the employer has committed a viola10 tion of this Act or otherwise interfered with a fair 

11 election, and the employer has not demonstrated 

12 that the violation or other interference is unlikely to 

13 have affected the outcome of the election, the Board 

14 shall, without ordering a new or rerun election, cer15 tify the labor organization as the representative of 

16 the employees in such unit and issue an order re17 quiring the employer to bargain with the labor orga18 nization in accordance with section 8(d) if, at any 

19 time during the period beginning 1 year preceding 

20 the date of the commencement of the election and 

21 ending on the date upon which the Board makes the 

22 determination of a violation or other interference, a 

23 majority of the employees in the bargaining unit 

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1 ganization as their collective bargaining representa2 tive. 

3 ‘‘(C) In any case where the Board determines 

4 that an election under this paragraph should be set 

5 aside, the Board shall direct a rerun election with 

6 appropriate additional safeguards necessary to en7 sure a fair election process, except in cases where 

8 the Board issues a bargaining order under subpara9 graph (B).’’; and 

10 (E) by inserting after paragraph (7), as so 

11 redesignated, the following: 

12 ‘‘(8) Except under extraordinary cir13 cumstances— 

14 ‘‘(A) a pre-election hearing under this sub15 section shall begin not later than 8 days after 

16 a notice of such hearing is served on the par17 ties; and 

18 ‘‘(B) a post-election hearing under this 

19 subsection shall begin not later than 14 days 

20 after the filing of objections, if any.’’; and 

21 (2) in subsection (d), by striking ‘‘(e) or’’ and 

22 inserting ‘‘(d) or’’. 

23 (e) PREVENTION OF UNFAIR LABOR PRACTICES.— 

24 (1) IN GENERAL.—Section 10(c) of the Na25 tional Labor Relations Act (29 U.S.C. 160(c)) is 


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1 amended by striking ‘‘suffered by him’’ and insert2 ing ‘‘suffered by such employee: Provided further, 

3 That if the Board finds that an employer has dis4 criminated against an employee in violation of para5 graph (3) or (4) of section 8(a) or has committed a 

6 violation of section 8(a) that results in the discharge 

7 of an employee or other serious economic harm to an 

8 employee, the Board shall award the employee back 

9 pay without any reduction (including any reduction 

10 based on the employee’s interim earnings or failure 

11 to earn interim earnings), front pay (when appro12 priate), consequential damages, and an additional 

13 amount as liquidated damages equal to 2 times the 

14 amount of damages awarded: Provided further, no 

15 relief under this subsection shall be denied on the 

16 basis that the employee is, or was during the time 

17 of relevant employment or during the back pay pe18 riod, an unauthorized alien as defined in section 

19 274A(h)(3) of the Immigration and Nationality Act 

20 (8 U.S.C. 1324a(h)(3)) or any other provision of 

21 Federal law relating to the unlawful employment of 

22 aliens’’. 

23 (f) ENFORCING COMPLIANCE WITH ORDERS OF THE

24 BOARD.—Section 10 of the National Labor Relations Act 

25 (29 U.S.C. 160) is amended— 


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1 (1) by striking subsection (e); 

2 (2) by redesignating subsection (d) as sub3 section (e); 

4 (3) by inserting after subsection (c) the fol5 lowing: 

6 ‘‘(d)(1) Each order of the Board shall take effect 

7 upon issuance of such order, unless otherwise directed by 

8 the Board, and shall remain in effect unless modified by 

9 the Board or unless a court of competent jurisdiction 

10 issues a superseding order. 

11 ‘‘(2) Any person who fails or neglects to obey an 

12 order of the Board shall forfeit and pay to the Board a 

13 civil penalty of not more than $10,000 for each violation, 

14 which shall accrue to the Board and may be recovered in 

15 a civil action brought by the Board to the district court 

16 of the United States in which the unfair labor practice 

17 or other subject of the order occurred, or in which such 

18 person or entity resides or transacts business. No action 

19 by the Board under this paragraph may be made until 

20 30 days following the issuance of an order. Each separate 

21 violation of such an order shall be a separate offense, ex22 cept that, in the case of a violation in which a person fails 

23 to obey or neglects to obey a final order of the Board, 

24 each day such failure or neglect continues shall be deemed 

25 a separate offense. 


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1 ‘‘(3) If, after having provided a person or entity with 

2 notice and an opportunity to be heard regarding a civil 

3 action under subparagraph (2) for the enforcement of an 

4 order, the court determines that the order was regularly 

5 made and duly served, and that the person or entity is 

6 in disobedience of the same, the court shall enforce obedi7 ence to such order by a writ of injunction or other proper 

8 process, mandatory or otherwise, to— 

9 ‘‘(A) restrain such person or entity or the offi10 cers, agents, or representatives of such person or en11 tity, from further disobedience to such order; or 

12 ‘‘(B) enjoin upon such person or entity, officers, 

13 agents, or representatives obedience to the same.’’; 

14 (4) in subsection (f)— 

15 (A) by striking ‘‘proceed in the same man16 ner as in the case of an application by the 

17 Board under subsection (e) of this section,’’ and 

18 inserting ‘‘proceed as provided under paragraph 

19 (2) of this subsection’’; 

20 (B) by striking ‘‘Any’’ and inserting the 

21 following: 

22 ‘‘(1) Within 30 days of the issuance of an 

23 order, any’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(2) No objection that has not been urged be2 fore the Board, its member, agent, or agency shall 

3 be considered by a court, unless the failure or ne4 glect to urge such objection shall be excused because 

5 of extraordinary circumstances. The findings of the 

6 Board with respect to questions of fact if supported 

7 by substantial evidence on the record considered as 

8 a whole shall be conclusive. If either party shall 

9 apply to the court for leave to adduce additional evi10 dence and shall show to the satisfaction of the court 

11 that such additional evidence is material and that 

12 there were reasonable grounds for the failure to ad13 duce such evidence in the hearing before the Board, 

14 its member, agent, or agency, the court may order 

15 such additional evidence to be taken before the 

16 Board, its member, agent, or agency, and to be 

17 made a part of the record. The Board may modify 

18 its findings as to the facts, or make new findings, 

19 by reason of additional evidence so taken and filed, 

20 and it shall file such modified or new findings, which 

21 findings with respect to questions of fact if sup22 ported by substantial evidence on the record consid23 ered as a whole shall be conclusive, and shall file its 

24 recommendations, if any, for the modification or set25 ting aside of its original order. Upon the filing of the 


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1 record with it the jurisdiction of the court shall be 

2 exclusive and its judgment and decree shall be final, 

3 except that the same shall be subject to review by 

4 the appropriate United States court of appeals if ap5 plication was made to the district court, and by the 

6 Supreme Court of the United States upon writ of 

7 certiorari or certification as provided in section 1254 

8 of title 28, United States Code.’’; and 

9 (5) in section 10(g), by striking ‘‘subsection (e) 

10 or (f) of this section’’ and inserting ‘‘subsection (d) 

11 or (f)’’. 

12 (g) INJUNCTIONS AGAINST UNFAIR LABOR PRAC13 TICES INVOLVING DISCHARGE OR OTHER SERIOUS ECO14 NOMIC HARM.—Section 10(j) of the National Labor Rela15 tions Act (29 U.S.C. 160(j)) is amended— 

16 (1) by striking ‘‘(j) The Board’’ and inserting 

17 ‘‘(j)(1) The Board’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) Notwithstanding subsection (m) of section 

20 10, whenever it is charged that an employer has en21 gaged in an unfair labor practice within the meaning 

22 of paragraph (1) or (3) of section 8(a) that signifi23 cantly interferes with, restrains, or coerces employ24 ees in the exercise of the rights guaranteed under 

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1 nomic harm to an employee, the preliminary inves2 tigation of such charge shall be made forthwith and 

3 given priority over all other cases except cases of like 

4 character in the office where it is filed or to which 

5 it is referred. If, after such investigation, the officer 

6 or regional attorney to whom the matter may be re7 ferred has reasonable cause to believe such charge is 

8 true and that a complaint should issue, such officer 

9 or attorney shall bring a petition for appropriate 

10 temporary relief or restraining order as set forth in 

11 paragraph (1). The district court shall grant the re12 lief requested unless the court concludes that there 

13 is no reasonable likelihood that the Board will suc14 ceed on the merits of the Board’s claim.’’; and 

15 (h) REPEALS.—Section 10 of the National Labor Re16 lations Act (29 U.S.C. 160) is further amended by repeal17 ing subsections (k) and (l). 

18 (i) PENALTIES.—Section 12 of the National Labor 

19 Relations Act (29 U.S.C. 162) is amended— 

20 (1) by striking ‘‘SEC. 12. Any person’’ and in21 serting the following: 

22 ‘‘SEC. 12. PENALTIES. 

23 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH

24 BOARD.—Any person’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(b) VIOLATIONS FOR POSTING REQUIREMENTS AND

2 VOTER LIST.—If the Board, or any agent or agency des3 ignated by the Board for such purposes, determines that 

4 an employer has violated section 8(h) or regulations issued 

5 thereunder, the Board shall— 

6 ‘‘(1) state the findings of fact supporting such 

7 determination; 

8 ‘‘(2) issue and cause to be served on such em9 ployer an order requiring that such employer comply 

10 with section 8(h) or regulations issued thereunder; 

11 and 

12 ‘‘(3) impose a civil penalty in an amount deter13 mined appropriate by the Board, except that in no 

14 case shall the amount of such penalty exceed $500 

15 for each such violation. 

16 ‘‘(c) VIOLATIONS CAUSING SERIOUS ECONOMIC

17 HARM TO EMPLOYEES.— 

18 ‘‘(1) IN GENERAL.—Any employer who commits 

19 an unfair labor practice within the meaning of para20 graph (3) or (4) of section 8(a), or a violation of 

21 section 8(a) that results in the discharge of an em22 ployee or other serious economic harm to an em23 ployee shall, in addition to any remedy ordered by 

24 the Board, be subject to a civil penalty in an amount 

25 not to exceed $50,000 for each violation, except that 


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1 the Board shall double the amount of such penalty, 

2 to an amount not to exceed $100,000, in any case 

3 where the employer has within the preceding 5 years 

4 committed another such violation. 

5 ‘‘(2) CONSIDERATIONS.—In determining the 

6 amount of any civil penalty under this subsection, 

7 the Board shall consider— 

8 ‘‘(A) the gravity of the unfair labor prac9 tice; 

10 ‘‘(B) the impact of the unfair labor prac11 tice on the charging party, on other persons 

12 seeking to exercise rights guaranteed by this 

13 Act, and on the public interest; and 

14 ‘‘(C) the gross income of the employer. 

15 ‘‘(3) DIRECTOR AND OFFICER LIABILITY.—If 

16 the Board determines, based on the particular facts 

17 and circumstances presented, that a director or offi18 cer’s personal liability is warranted, a civil penalty 

19 for a violation described in this subsection may also 

20 be assessed against any director or officer of the em21 ployer who directed or committed the violation, had 

22 established a policy that led to such a violation, or 

23 had actual or constructive knowledge of and the au24 thority to prevent the violation and failed to prevent 

25 the violation. 


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1 ‘‘(d) JOINT EMPLOYMENT.—Two or more persons 

2 shall be employers for purposes of this Act with respect 

3 to employees if each such person possesses sufficient con4 trol over the employees’ essential terms and conditions of 

5 employment to permit meaningful collective bargaining. In 

6 applying this inquiry, the Board or a court of competent 

7 jurisdiction shall consider as relevant direct control, indi8 rect control, reserved authority to control, and control ex9 ercised in fact: Provided, That nothing in this paragraph 

10 shall be construed to bring within the definition of em11 ployer under section 2(2) the United States or any wholly 

12 owned Government corporation, or any Federal Reserve 

13 Bank, or any State or political subdivision thereof, or any 

14 person subject to the Railway Labor Act, as amended from 

15 time to time, or any labor organization (other than when 

16 acting as an employer), or anyone acting in the capacity 

17 of officer or agent of such labor organization. 

18 ‘‘(e) RIGHT TO CIVIL ACTION.— 

19 ‘‘(1) IN GENERAL.—Any person who is injured 

20 by reason of a violation of paragraph (1) or (3) of 

21 section 8(a) may, in addition to or in lieu of filing 

22 a charge alleging such unfair labor practice with the 

23 Board in accordance with this Act, bring a civil ac24 tion in the appropriate district court of the United 

25 States against the employer within 180 days of the 


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1 violation. No relief under this subsection shall be de2 nied on the basis that the employee is, or was during 

3 the time of relevant employment or during the back 

4 pay period, an unauthorized alien as defined in sec5 tion 274(h)(3) of the Immigration and Nationality 

6 Act (8 U.S.C. 1324a(h)(3)) or any other provision of 

7 Federal law relating to the unlawful employment of 

8 aliens. 

9 ‘‘(2) AVAILABLE RELIEF.—Relief granted in an 

10 action under paragraph (1) may include— 

11 ‘‘(A) back pay without any reduction, in12 cluding any reduction based on the employee’s 

13 interim earnings or failure to earn interim earn14 ings; 

15 ‘‘(B) front pay (where appropriate); 

16 ‘‘(C) consequential damages; 

17 ‘‘(D) an additional amount as liquidated 

18 damages equal to 2 times the cumulative 

19 amount of damages awarded under subpara20 graphs (A) through (C); 

21 ‘‘(E) in appropriate cases, punitive dam22 ages in accordance with paragraph (4); and 

23 ‘‘(F) any other relief authorized by section 

24 706(g) of the Civil Rights Act of 1964 (42 


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1 U.S.C. 2000e–5(g)) or by section 1977A(b) of 

2 the Revised Statutes (42 U.S.C. 1981a(b)). 

3 ‘‘(3) ATTORNEY’S FEES.—In any civil action 

4 under this subsection, the court may allow the pre5 vailing party a reasonable attorney’s fee (including 

6 expert fees) and other reasonable costs associated 

7 with maintaining the action. 

8 ‘‘(4) PUNITIVE DAMAGES.—In awarding puni9 tive damages under paragraph (2)(E), the court 

10 shall consider— 

11 ‘‘(A) the gravity of the unfair labor prac12 tice; 

13 ‘‘(B) the impact of the unfair labor prac14 tice on the charging party, on other persons 

15 seeking to exercise rights guaranteed by this 

16 Act, and on the public interest; and 

17 ‘‘(C) the gross income of the employer.’’. 

18 (3) CONFORMING AMENDMENTS.—Section 

19 10(b) of the National Labor Relations Act (29 

20 U.S.C. 160(b)) is amended— 

21 (A) by striking ‘‘six months’’ and inserting 

22 ‘‘180 days’’; and 

23 (B) by striking ‘‘the six-month period’’ and 

24 inserting ‘‘the 180-day period’’. 


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1 (j) LIMITATIONS.—Section 13 of the National Labor 

2 Relations Act (29 U.S.C. 163) is amended by striking the 

3 period at the end and inserting the following: ‘‘: Provided, 

4 That the duration, scope, frequency, or intermittence of 

5 any strike or strikes shall not render such strike or strikes 

6 unprotected or prohibited.’’. 

7 (k) FAIR SHARE AGREEMENTS PERMITTED.—Sec8 tion 14(b) of the National Labor Relations Act (29 U.S.C. 

9 164(b)) is amended by striking the period at the end and 

10 inserting the following: ‘‘: Provided, That collective bar11 gaining agreements providing that all employees in a bar12 gaining unit shall contribute fees to a labor organization 

13 for the cost of bargaining and representation as a condi14 tion of employment shall be valid and enforceable notwith15 standing any State or Territorial law.’’. 

16 SEC. 102. AMENDMENTS TO THE LABOR MANAGEMENT RE17 LATIONS ACT, 1947. 

18 Section 303 of the Labor Management Relations Act, 

19 1947 (29 U.S.C. 187) is repealed. 

20 SEC. 103. AMENDMENTS TO THE LABOR-MANAGEMENT RE21 PORTING AND DISCLOSURE ACT OF 1959. 

22 Section 203(c) of the Labor-Management Reporting 

23 and Disclosure Act of 1959 (29 U.S.C. 433(c)) is amended 

24 by striking the period at the end and inserting the fol25 lowing ‘‘: Provided, That this subsection shall not exempt 


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1 from the requirements of this section any arrangement or 

2 part of an arrangement in which a party agrees, for an 

3 object described in section (b)(1), to plan or conduct em4 ployee meetings; train supervisors or employer representa5 tives to conduct meetings; coordinate or direct activities 

6 of supervisors or employer representatives; establish or fa7 cilitate employee committees; identify employees for dis8 ciplinary action, reward, or other targeting; or draft or 

9 revise employer personnel policies, speeches, presentations, 

10 or other written, recorded, or electronic communications 

11 to be delivered or disseminated to employees.’’. 

12 TITLE II—FAIR PAY AND SAFE 

13 WORKPLACES 

14 SEC. 201. DEFINITIONS. 

15 In this title: 

16 (1) COVERED CONTRACT.—The term ‘‘covered 

17 contract’’ means a Federal contract for the procure18 ment of property or services, including construction, 

19 valued in excess of $500,000. 

20 (2) COVERED SUBCONTRACT.—The term ‘‘cov21 ered subcontract’’— 

22 (A) means a subcontract for property or 

23 services under a Federal contract that is valued 

24 in excess of $500,000; and 


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1 (B) does not include a subcontract for the 

2 procurement of commercially available off-the3 shelf items. 

4 (3) EXECUTIVE AGENCY.—The term ‘‘executive 

5 agency’’ has the meaning given the term in section 

6 133 of title 41, United States Code. 

7 SEC. 202. PURPOSE. 

8 The purpose of this title is to— 

9 (1) ensure that the purchasing power of the 

10 Federal Government is employed to raise labor 

11 standards, improve working conditions, and 

12 strengthen workers’ bargaining power; and 

13 (2) increase efficiency and cost savings in the 

14 work performed by parties who contract with the 

15 Federal Government by ensuring that they under16 stand and comply with labor laws, which are de17 signed to promote safe, healthy, fair, and effective 

18 workplaces and increase the likelihood of enhanced 

19 productivity in the workplace and the timely, pre20 dictable, and satisfactory delivery of goods and serv21 ices to the Federal Government. 

22 SEC. 203. REQUIRED PRE-CONTRACT AWARD ACTIONS. 

23 (a) DISCLOSURES.—The head of an executive agency 

24 shall ensure that the solicitation for a covered contract re25 quires the offeror— 


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1 (1) to represent, to the best of the offeror’s 

2 knowledge and belief, whether there has been any 

3 administrative merits determination, arbitral award 

4 or decision, or civil judgment, as defined in guidance 

5 issued by the Secretary of Labor, rendered against 

6 the offeror in the preceding 3 years for violations 

7 of— 

8 (A) the Fair Labor Standards Act of 1938 

9 (29 U.S.C. 201 et seq.); 

10 (B) the Occupational Safety and Health 

11 Act of 1970 (29 U.S.C. 651 et seq.); 

12 (C) the Migrant and Seasonal Agricultural 

13 Worker Protection Act (29 U.S.C. 1801 et 

14 seq.); 

15 (D) the National Labor Relations Act (29 

16 U.S.C. 151 et seq.); 

17 (E) subchapter IV of chapter 31 of title 

18 40, United States Code (commonly known as 

19 the ‘‘Davis-Bacon Act’’); 

20 (F) chapter 67 of title 41, United States 

21 Code (commonly known as the ‘‘Service Con22 tract Act’’); 

23 (G) Executive Order 11246 (42 U.S.C. 

24 2000e note; relating to equal employment op25 portunity); 


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1 (H) section 503 of the Rehabilitation Act 

2 of 1973 (29 U.S.C. 793); 

3 (I) section 4212 of title 38, United States 

4 Code; 

5 (J) the Family and Medical Leave Act of 

6 1993 (29 U.S.C. 2601 et seq.); 

7 (K) title VII of the Civil Rights Act of 

8 1964 (42 U.S.C. 2000e et seq.); 

9 (L) the Americans with Disabilities Act of 

10 1990 (42 U.S.C. 12101 et seq.); 

11 (M) the Age Discrimination in Employ12 ment Act of 1967 (29 U.S.C. 621 et seq.); 

13 (N) Executive Order 13658 (79 Fed. Reg. 

14 9851; relating to establishing a minimum wage 

15 for contractors); or 

16 (O) equivalent State laws, as defined in 

17 guidance issued by the Secretary of Labor; 

18 (2) to require each subcontractor for a covered 

19 subcontract— 

20 (A) to represent to the offeror and the en21 tity designated by the final rule reissued under 

22 subsection (a) of section 206, to the best of the 

23 subcontractor’s knowledge and belief, whether 

24 there has been any administrative merits deter25 mination, arbitral award or decision, or civil 


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1 judgment, as defined in guidance issued by the 

2 Department of Labor, rendered against the 

3 subcontractor in the preceding 3 years for viola4 tions of any of the labor laws and executive or5 ders listed under paragraph (1); and 

6 (B) to update such information every 6 

7 months for the duration of the subcontract; and 

8 (3) to consider the advice rendered by the enti9 ty designated by the final rule reissued under sub10 section (a) of section 206 or information submitted 

11 by a subcontractor pursuant to paragraph (2) in de12 termining whether the subcontractor is a responsible 

13 source with a satisfactory record of integrity and 

14 business ethics— 

15 (A) prior to awarding the subcontract; or 

16 (B) in the case of a subcontract that is 

17 awarded or will become effective within 5 days 

18 of the prime contract being awarded, not later 

19 than 30 days after awarding the subcontract. 

20 (b) PRE-AWARD CORRECTIVE MEASURES.— 

21 (1) IN GENERAL.—A contracting officer, prior 

22 to awarding a covered contract, shall, as part of the 

23 responsibility determination, provide an offeror who 

24 makes a disclosure pursuant to subsection (a) an op25 portunity to report any steps taken to correct the 


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1 violations of or improve compliance with the labor 

2 laws listed in paragraph (1) of such subsection, in3 cluding any agreements entered into with an en4 forcement agency. 

5 (2) CONSULTATION.—The executive agency’s 

6 Labor Compliance Advisor designated pursuant to 

7 section 205, in consultation with relevant enforce8 ment agencies, shall advise the contracting officer 

9 whether agreements are in place or are otherwise 

10 needed to address appropriate remedial measures, 

11 compliance assistance, steps to resolve issues to 

12 avoid further violations, or other related matters 

13 concerning the offeror. 

14 (3) RESPONSIBILITY DETERMINATION.—The 

15 contracting officer, in consultation with the executive 

16 agency’s Labor Compliance Advisor, shall consider 

17 information provided by the offeror under this sub18 section in determining whether the offeror is a re19 sponsible source with a satisfactory record of integ20 rity and business ethics. The determination shall be 

21 based on the guidelines reissued under subsection 

22 (b)(1) of section 206 and the final rule reissued 

23 under subsection (a) of such section. 

24 (c) REFERRAL OF INFORMATION TO SUSPENSION

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1 tracting officers, in consultation with their executive agen2 cy’s Labor Compliance Advisor, shall refer matters related 

3 to information provided pursuant to paragraphs (1) and 

4 (2) of subsection (a) to the executive agency’s suspension 

5 and debarment official in accordance with agency proce6 dures. 

7 SEC. 204. POST-AWARD CONTRACT ACTIONS. 

8 (a) INFORMATION UPDATES.—The contracting offi9 cer for a covered contract shall require that the contractor 

10 update the information provided under paragraphs (1) 

11 and (2) of section 203(a) every 6 months. 

12 (b) CORRECTIVE ACTIONS.— 

13 (1) PRIME CONTRACT.—The contracting officer, 

14 in consultation with the Labor Compliance Advisor 

15 designated pursuant to section 205, shall determine 

16 whether any information provided under subsection 

17 (a) warrants corrective action. Such action may in18 clude— 

19 (A) an agreement requiring appropriate re20 medial measures; 

21 (B) compliance assistance; 

22 (C) resolving issues to avoid further viola23 tions; 

24 (D) the decision not to exercise an option 

25 on a contract or to terminate the contract; or 


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1 (E) referral to the agency suspending and 

2 debarring official. 

3 (2) SUBCONTRACTS.—The prime contractor for 

4 a covered contract, in consultation with the Labor 

5 Compliance Advisor, shall determine whether any in6 formation provided under section 203(a)(2) warrants 

7 corrective action, including remedial measures, com8 pliance assistance, and resolving issues to avoid fur9 ther violations. 

10 (3) DEPARTMENT OF LABOR.—The Department 

11 of Labor shall, as appropriate, inform executive 

12 agencies of its investigations of contractors and sub13 contractors on current Federal contracts for pur14 poses of determining the appropriateness of actions 

15 described under paragraphs (1) and (2). 

16 SEC. 205. LABOR COMPLIANCE ADVISORS. 

17 (a) IN GENERAL.—Each executive agency shall des18 ignate a senior official to act as the agency’s Labor Com19 pliance Advisor. 

20 (b) DUTIES.—The Labor Compliance Advisor shall— 

21 (1) meet quarterly with the Deputy Secretary, 

22 Deputy Administrator, or equivalent executive agen23 cy official with regard to matters covered under this 

24 title; 


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1 (2) work with the acquisition workforce, agency 

2 officials, and agency contractors to promote greater 

3 awareness and understanding of labor law require4 ments, including record keeping, reporting, and no5 tice requirements, as well as best practices for ob6 taining compliance with these requirements; 

7 (3) coordinate assistance for executive agency 

8 contractors seeking help in addressing and pre9 venting labor violations; 

10 (4) in consultation with the Department of 

11 Labor or other relevant enforcement agencies, and 

12 pursuant to section 203(b) as necessary, provide as13 sistance to contracting officers regarding appro14 priate actions to be taken in response to violations 

15 identified prior to or after contracts are awarded, 

16 and address complaints in a timely manner, by— 

17 (A) providing assistance to contracting of18 ficers and other executive agency officials in re19 viewing the information provided pursuant to 

20 subsections (a) and (b) of section 203 and sec21 tion 204(a), or other information indicating a 

22 violation of a labor law in order to assess the 

23 serious, repeated, willful, or pervasive nature of 

24 any violation and evaluate steps contractors 


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1 have taken to correct violations or improve com2 pliance with relevant requirements; 

3 (B) helping agency officials determine the 

4 appropriate response to address violations of 

5 the requirements of the labor laws listed in sec6 tion 203(a)(1) or other information indicating 

7 such a labor violation (particularly serious, re8 peated, willful, or pervasive violations), includ9 ing agreements requiring appropriate remedial 

10 measures, decisions not to award a contract or 

11 exercise an option on a contract, contract termi12 nation, or referral to the executive agency sus13 pension and debarment official; 

14 (C) providing assistance to appropriate ex15 ecutive agency officials in receiving and re16 sponding to, or making referrals of, complaints 

17 alleging violations by agency contractors and 

18 subcontractors of the requirements of the labor 

19 laws listed in section 203(a)(1); and 

20 (D) supporting contracting officers, sus21 pension and debarment officials, and other 

22 agency officials in the coordination of actions 

23 taken pursuant to this subsection to ensure 

24 agency-wide consistency, to the extent prac25 ticable; 


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1 (5) as appropriate, send information to agency 

2 suspension and debarment officials in accordance 

3 with agency procedures; 

4 (6) consult with the agency’s Chief Acquisition 

5 Officer and Senior Procurement Executive, and the 

6 Department of Labor as necessary, in the develop7 ment of regulations, policies, and guidance address8 ing labor law compliance by contractors and sub9 contractors; 

10 (7) make recommendations to the agency to 

11 strengthen agency management of contractor compli12 ance with labor laws; 

13 (8) publicly report, on an annual basis, a sum14 mary of agency actions taken to promote greater 

15 labor compliance, including the agency’s response 

16 pursuant to this order to serious, repeated, willful, 

17 or pervasive violations of the requirements of the 

18 labor laws listed in section 203(a)(1); and 

19 (9) participate in the interagency meetings reg20 ularly convened by the Secretary of Labor pursuant 

21 to section 206(b)(2)(C). 

22 SEC. 206. MEASURES TO ENSURE GOVERNMENT-WIDE CON23 SISTENCY. 

24 (a) FEDERAL ACQUISITION REGULATION.— 


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1 (1) IN GENERAL.—Notwithstanding Public Law 

2 115–11 (131 Stat. 75) and section 553 of title 5, 

3 United States Code, not later than 1 year after the 

4 date of enactment of this Act, the Secretary of De5 fense, the Administrator of the General Services Ad6 ministration, and the Administrator of the National 

7 Aeronautics and Space Administration shall reissue 

8 the final rule entitled ‘‘Federal Acquisition Regula9 tion; Fair Pay and Safe Workplaces’’ (81 Fed. Reg. 

10 58,562 (Aug. 25, 2016)), subject to paragraph (2). 

11 (2) UPDATED DATES.—The agencies described 

12 in paragraph (1) may, in reissuing the final rule 

13 under such paragraph, update any date provided in 

14 such final rule as reasonable. 

15 (b) DEPARTMENT OF LABOR.— 

16 (1) GUIDANCE.—Not later than 1 year after 

17 the date of enactment of this Act, the Secretary of 

18 Labor shall reissue the guidance entitled ‘‘Guidance 

19 for Executive Order 13673, ‘Fair Pay and Safe 

20 Workplaces’ ’’ (81 Fed. Reg. 58,564 (Aug. 25, 

21 2016)). In reissuing such guidance, the Secretary of 

22 Labor may update any date provided in such guid23 ance as reasonable and necessary. 

24 (2) ADDITIONAL ACTIVITIES.—The Secretary of 

25 Labor shall— 


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1 (A) develop a process— 

2 (i) for the Labor Compliance Advisors 

3 designated pursuant to section 205 to con4 sult with the Secretary of Labor in car5 rying out their responsibilities under sec6 tion 205(b)(4); 

7 (ii) by which contracting officers and 

8 Labor Compliance Advisors may give ap9 propriate consideration to determinations 

10 and agreements made by the Secretary of 

11 Labor and the heads of other executive 

12 agencies; and 

13 (iii) by which contractors may enter 

14 into agreements with the Secretary of 

15 Labor, or the head of another executive 

16 agency, prior to being considered for a con17 tract; 

18 (B) review data collection requirements 

19 and processes, and work with the Director of 

20 the Office of Management and Budget, the Ad21 ministrator for General Services, and other 

22 agency heads to improve such requirements and 

23 processes, as necessary, to reduce the burden on 

24 contractors and increase the amount of infor25 mation available to executive agencies; 


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1 (C) regularly convene interagency meetings 

2 of Labor Compliance Advisors to share and pro3 mote best practices for improving labor law 

4 compliance; and 

5 (D) designate an appropriate contact for 

6 executive agencies seeking to consult with the 

7 Secretary of Labor with respect to the require8 ments and activities under this title. 

9 (c) OFFICE OF MANAGEMENT AND BUDGET.—The 

10 Director of the Office of Management and Budget shall— 

11 (1) work with the Administrator of General 

12 Services to include in the Federal Awardee Perform13 ance and Integrity Information System the informa14 tion provided by contractors pursuant to sections 

15 203(a)(1) and 204(a) and data on the resolution of 

16 any issues related to such information; and 

17 (2) designate an appropriate contact for agen18 cies seeking to consult with the Office of Manage19 ment and Budget on matters arising under this title. 

20 (d) GENERAL SERVICES ADMINISTRATION.— 

21 (1) IN GENERAL.—The Administrator of Gen22 eral Services, in consultation with other relevant ex23 ecutive agencies, shall establish a single Internet 

24 website for Federal contractors to use for all Federal 

25 contract reporting requirements under this title, as 


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1 well as any other Federal contract reporting require2 ments to the extent practicable. 

3 (2) AGENCY COOPERATION.—The heads of ex4 ecutive agencies with covered contracts shall provide 

5 the Administrator of General Services with the data 

6 necessary to maintain the Internet website estab7 lished under paragraph (1). 

8 (e) MINIMIZING COMPLIANCE BURDEN.—After re9 issuing the guidance under subsection (b)(1) or the final 

10 rule under subsection (a), the Secretary of Labor or the 

11 Secretary of Defense, the Administrator of the General 

12 Services Administration, and the Administrator of the Na13 tional Aeronautics and Space Administration may, respec14 tively, amend such guidance or final rule consistent with 

15 the requirements under chapter 5 of title 5, United States 

16 Code. 

17 SEC. 207. PAYCHECK TRANSPARENCY. 

18 (a) IN GENERAL.—Each executive agency entering 

19 into a covered contract, or covered subcontract, shall en20 sure that provisions in solicitations for such contracts, or 

21 subcontracts, and clauses in such contracts, or sub22 contracts, shall provide that, for each pay period, contrac23 tors or subcontractors provide each individual described 

24 in subsection (b) with a document containing information 

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1 cerning hours worked, overtime hours worked, pay, and 

2 any additions made to or deductions made from pay. 

3 (b) INDIVIDUALS DESCRIBED.—An individual de4 scribed in this subsection is any individual performing 

5 work under a contract or subcontract for which the con6 tractor or subcontractor is required to maintain wage 

7 records under— 

8 (1) the Fair Labor Standards Act of 1938 (29 

9 U.S.C. 201 et seq.); 

10 (2) subchapter IV of chapter 31 of title 40, 

11 United States Code (commonly referred to as the 

12 ‘‘Davis-Bacon Act’’); 

13 (3) chapter 67 of title 41, United States Code 

14 (commonly known as the ‘‘Service Contract Act’’); or 

15 (4) an applicable State law. 

16 (c) EXCEPTIONS.— 

17 (1) EMPLOYEES EXEMPT FROM OVERTIME RE18 QUIREMENTS.—The document provided under sub19 section (a) to individuals who are exempt under sec20 tion 13 of the Fair Labor Standards Act of 1938 

21 (29 U.S.C. 213) from the overtime compensation re22 quirements under section 7 of such Act (29 U.S.C. 

23 207) shall not be required to include a record of the 

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1 forms the individual of the status of such individual 

2 as exempt from such requirements. 

3 (2) SUBSTANTIALLY SIMILAR STATE LAWS.— 

4 The requirements under this section shall be deemed 

5 to be satisfied if the contractor or subcontractor 

6 complies with State or local requirements that the 

7 Secretary of Labor has determined are substantially 

8 similar to the requirements under this section. 

9 (d) INDEPENDENT CONTRACTORS.—If the contractor 

10 or subcontractor is treating an individual performing work 

11 under a covered contract or subcontract as an independent 

12 contractor, and not as an employee, the contractor or sub13 contractor shall provide the individual a document inform14 ing the individual of their status as an independent con15 tractor. 

16 SEC. 208. COMPLAINT AND DISPUTE TRANSPARENCY. 

17 (a) IN GENERAL.— 

18 (1) CONTRACTS.—The head of an executive 

19 agency may not enter into a contract for the pro20 curement of property or services valued in excess of 

21 $500,000 unless the contractor agrees that any deci22 sion to arbitrate the claim of an employee or inde23 pendent contractor performing work under the con24 tract that arises under title VII of the Civil Rights 

25 Act of 1964 (42 U.S.C. 2000e et seq.) or any tort 


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1 related to or arising out of sexual assault or sexual 

2 harassment may only be made with the voluntary 

3 consent of the employee or independent contractor 

4 after the dispute arises. 

5 (2) SUBCONTRACTS.—The head of an executive 

6 agency shall require that a contractor covered under 

7 paragraph (1) incorporate the requirement under 

8 such subsection into each subcontract for the pro9 curement of property or services valued in excess of 

10 $500,000 at any tier under the contract. 

11 (b) EXCEPTIONS.— 

12 (1) CONTRACTS FOR COMMERCIAL ITEMS AND

13 COMMERCIALLY AVAILABLE OFF-THE-SHELF

14 ITEMS.—The requirements under subsection (a) do 

15 not apply to contracts or subcontracts for the acqui16 sition of commercial items or commercially available 

17 off-the-shelf items (as those terms are defined in 

18 sections 103(1) and 104, respectively, of title 41, 

19 United States Code). 

20 (2) EMPLOYEES AND INDEPENDENT CONTRAC21 TORS NOT COVERED.—The requirements under sub22 section (a) do not apply with respect to an employee 

23 or independent contractor who— 

24 (A) is covered by a collective bargaining 

25 agreement negotiated between the contractor or 


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1 subcontractor and a labor organization rep2 resenting the employee or independent con3 tractor; or 

4 (B) entered into a valid agreement to arbi5 trate claims covered under such subsection be6 fore the contractor or subcontractor bid on the 

7 contract covered under such subsection, except 

8 that such requirements do apply— 

9 (i) if the contractor or subcontractor 

10 is permitted to change the terms of the ar11 bitration agreement with the employee or 

12 independent contractor; or 

13 (ii) in the event the arbitration agree14 ment is renegotiated or replaced after the 

15 contractor or subcontractor bids on the 

16 contract. 

17 SEC. 209. NEUTRALITY. 

18 (a) Costs incurred in maintaining satisfactory rela19 tions between the contractor and its employees on a cov20 ered contract or a subcontractor and its employees on a 

21 covered contract (other than those made unallowable in 

22 subsection (b) of this section), including costs of shop 

23 stewards, labor management committees, employee publi24 cations, and other related activities, are allowable. 


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1 (b) No Federal funds made available through a cov2 ered contract or covered subcontract may be used to en3 gage in activities undertaken to persuade employees, of 

4 any entity, to exercise or not to exercise, or concerning 

5 the manner of exercising, the right to organize and bar6 gain collectively through representatives of the employees’ 

7 own choosing or any other activities that are subject to 

8 the requirements under section 203(b) of the Labor-Man9 agement Reporting and Disclosure Act of 1959 (29 U.S.C. 

10 433(b)). Examples of unallowable costs under this sub11 section include, but are not limited to, the costs of— 

12 (1) preparing and distributing materials; 

13 (2) hiring or consulting legal counsel or consult14 ants; 

15 (3) meetings (including paying the salaries of 

16 the attendees at meetings held for this purpose); and 

17 (4) planning or conducting activities by man18 agers, supervisors, or union representatives during 

19 work hours. 

20 SEC. 210. IMPLEMENTING REGULATIONS. 

21 Not later than 9 months after the date of enactment 

22 of this Act, the Federal Acquisition Regulatory Council 

23 shall amend the Federal Acquisition Regulation to carry 

24 out the provisions of this title, including sections 207 and 

25 208. 


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1 SEC. 211. SEVERABILITY. 

2 If any provision of this title or the application of any 

3 such provision to any person or circumstance is held to 

4 be unconstitutional, the remaining provisions of this title 

5 and the application of such provisions to any person or 

6 circumstance shall not be affected by such holding. 

7 SEC. 212. RULES OF CONSTRUCTION. 

8 Nothing in this title shall be construed as— 

9 (1) impairing or otherwise affecting the author10 ity granted by law to an executive agency or the 

11 head thereof; or 

12 (2) impairing or otherwise affecting the func13 tions of the Director of the Office of Management 

14 and Budget relating to budgetary, administrative, or 

15 legislative proposals. 

16 TITLE III—AUTHORIZATION OF 

17 APPROPRIATIONS 

18 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as may be necessary to carry out the provisions of this 

21 Act, including any amendments made by this Act. 

Æ 


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